MI

TOWN OF A UAFORTE

REGULATIONS 2016

Prepared for: The Town of Aquaforte

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Urban and Rural Planning Act Resolution to Adopt

Town of Aquaforte 2016

Under the authority of Section 16 of the Urban and Rural Planning Act 2000,

AO

the Town Council of Aquaforte adopts the Aquaforte Development

Regulations 2016.

Adopted by the Town Council of Aquaforte on the day of ,

2016.

Signed and sealed this II-IAA ' day of 3L\L5 , 2016.

Mayor: , dttliMe,

Clerk: \Thtx

Canadian Institute of Planners Certification

I certify that the attached Development Regulations have been prepared in accordance with the requirements of the Urban and Rural Planning Act

2000.

A Ir A _

M. Bis F.C.I.P.

Urban and Rural Planning Act Resolution to Approve

Town of Aquaforte Development Regulations, 2016

Under the authority of section 16, section 17 and section 18 of the Urban and Rural

Planning Act 2000, the Town Council of Aquaforte

1) adopted the Aquaforte Development Regulations 2016 on the 6th day of June,

2016.

2) gave notice of the adoption of the Aquaforte Development Regulations, 2016 by

advertisement, inserted on the 15th day of June in the Irish Loop Post and the

25th day of June, 2016 in the Telegram.

3) set the 30th day of June at 7:00 p.m. at the Aquaforte Town Hall, for the

holding of a public hearing to consider objections and submissions.

Now under the authority of section 23 of the Urban and Rural Planning Act 2000, the

Town Council of Aquaforte approves the Aquaforte Development Regulations as

adopted.

-0) SIGNED AND SEALED this I ki day of July, 2016.

Mayor:Aid) zt12-e-/

Clerk: rivi,\\ct C- cc

Urban and Rural Planning Act Resolution to Approve

Town of Aquaforte Development Regulations, 2016

Under the authority of section 16, section 17 and section 18 of the Urban

and Rural Planning Act 2000, the Town Council of Aquaforte

1) adopted the Aquaforte Development Regulations 2015 on the 641"

day of -10,\ ,E) ,2016.

2) gave notice of the adoption of the Aquaforte Development

Regulations, 2015 by advertisement, inserted on the day and the

day of , 2016 in the Telegram.

3) set the ***day of ******* at 7:00 p.m. at the ******, Aquaforte Town

Hall, for the holding of a public hearing to consider objections and

submissions.

Now under the authority of section 23 of the Urban and Rural Planning Act

2000, the Town Council of Aquaforte approves the Aquaforte Development

Regulations as adopted.

SIGNED AND SEALED this day of , 2016.

Mayor:

Clerk:

AB

1

Table of Contents

Application 1

1.1 Title 1

1.2 Interpretation 1

1.3 Commencement 1

1.4 Municipal Code and Regulations 1

1.5 Authority 1

1.6 Delegation of Authority 1

1.7 Provincial Development Regulations 1

2 Definitions 2

- 3 General Regulations 11

3.1 Permit to Develop Required 11

3.2 Compliance with Regulations 11

3.3 Decisions of Council 11

- 3.4 Permit to be Issued 11

3.5 Permit Not to be Issued in Certain Cases 11

• 3.6 Discretionary Powers 12

3.7 The Application 12

• 3.8 Register of Application 12

3.9 Deferment of Application 12

• 3.10 Approval in Principle 12

3.11 Approval 13

3.12 Development Permit 13

3.13 Revoke Permit 14

3.14 Public Notice 14

3.15 Licenses, Permits and Compliance with Other Bylaws 14

3.16 Right of Entry 14

• 3.17 Stop Work Order and Prosecution 15

3.18 Service Levy 15

3.19 Financial Guarantees by Developer 15

3.20 Dedication of Land for Public Use 16

3.21 Reinstatement of Land 16

3.22 Notice of right to appeal 16

3.23 Appeal requirements 16 •

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3.24 Appeal registration 17

3.25 Development prohibited 17

3.26 Hearing notice and meetings 17

3.27 Hearing of evidence 18

3.28 Board decision 18

3.29 Variances 18

3.30 Notice of variance 18

3.31 Residential non conformity 19

3.32 Notice and hearings on change of use 19

3.33 Non-conformance with standards 19

3.34 Discontinuance of non-conforming use 19

3.35 Delegation of powers 19

4 General Development Standards 20

4.1 Access and Service Streets 20

4.2 Accessory Buildings 20

4.3 Accessory Uses Permitted 20

4.4 Alterations to the Natural Environment 20

4.5 Archaeological Assessment 21

4.6 Buffer Strips 21

4.7 Landscaping and Screening 21

4.8 Lot Area 21

4.9 Lot Frontage 21

4.10 Non-Conforming Uses 21

4.11 Parks, Playgrounds, and Conservation Uses 22

4.12 Side Yards 22

4.13 Soil Removal, Deposit and Site Grading 22

4.14 Storage and Screening of Refuse Containers 22

4.15 Watercourse Protection 22

5 Off-Street Parking and Loading 23

5.1 Parking Required 23

5.2 Parking Spaces 23

5.3 Parking Area Design Standards 23

5.4 Off-Street Loading Requirements 23

6 Signs 24

6.1 Regulation of Signs 24

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6.2 Provincial Highway Sign Regulations

6.3 Signs Prohibited in Street Reservation

6.4 Removal of Signs

6.5 Prohibited Signs

6.6 General Standards for Signs

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7 Subdivision of Land 25

7.1 Permit Required 25

7.2 Services to be Provided 25

7.3 Payment of Service Levies and Other Charges 25

7.4 Issue of Permit Subject to Considerations 25

7.5 Proposals for Subdivision of Land 25

7.6 Form of Application 26

7.7 Subdivision Subject to Zoning 26

7.8 Land for Public Open Space 26

7.9 Development Agreement 27

7.10 Subdivision Design Standards 27

7.11 Cul de Sacs 28

7.12 Engineer to Design Works and Certify Construction Layout 28

• 7.13 Transfer of Streets and Utilities to the Town 28

7.14 Restriction on Sale of Lots 28

8 Special Developments 29

8.1 Bed and Breakfast Establishments 29

8.2 Convenience Stores 29

8.3 General Industry 29

8.4 Home Childcare 29

8.5 Home-Based Business 30

8.6 Home Based Business in Accessory Buildings 30

8.7 Service Stations 30

9 Use Zone Tables 31

9.1 Use Zones 31

9.2 Permitted Uses 31

• 9.3 Discretionary Uses 31

9.4 Prohibited Uses 31

• 9.5 Community Development (CD) 32

9.6 Conservation (CON) 36

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9.7 Protected Water Supply (PWS) 37

9.8 Protected Viewshed (PV) 38

9.9 Rural (RUR) 39

Appendices

A Zoning Map

B Provincial Development Regulations

C Classification of Buildings and Uses

iv Aquaforte Development Regulations CBCL Limited

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Application

1.1 Title These Regulations may be cited as the Town of Aquaforte Development

Regulations.

1.2 Interpretation 1) Words and phrases used in these Regulations shall have the meanings ascribed to

them in Section 2 of these Regulations.

2) Words and phrases not defined in these Regulations shall have the meanings which

are commonly assigned to them in the context in which they are used in the

Regulations.

1.3 Commencement These Regulations come into effect through the Aquaforte Municipal Planning Area,

hereinafter referred to as the Planning Area, on the date of publication of a notice

to that effect in the Newfoundland and Labrador Gazette.

1.4 Municipal Code and Regulations The National Building Code of Canada, Fire Code of Canada and any other ancillary

code and any Building Regulations, Waste Disposal Regulation and/or any other

municipal regulations, regulating or controlling the development, conservation and

use of land in force in the Town of Aquaforte shall, under these Regulations apply

to the entire Planning Area.

1.5 Authority In these Regulations, "Authority' means the Council of the Town of Aquaforte.

1.6 Delegation of Authority Where the term Council is referenced in these Regulations, Council may delegate

its authority to administer these Regulations or part thereof to an employee of

Council or an agent of Council, by a resolution of Council.

1.7 Provincial Development Regulations Provincial Development Regulations have been incorporated into the Aquaforte

Development Regulations and are marked as follows:

Provincial Reg X

Where there is a conflict between these regulations and the Provincial Regulations,

the Provincial Regulations shall apply. A complete copy of the Provincial

Development Regulations is attached in Appendix B.

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2 Definitions

2.1 Access means a way used or intended to be used by vehicles, pedestrians or

animals in order to go from street to adjacent or nearby land or to go from that land to the street.

2.2 Accessory Building means

a) A detached subordinate building not

used as a dwelling, located on the

same lot, or on a lot adjacent to the I fl accessory building

main building to which it is an

accessory, and which has a use that is main building

customarily incidental and

complementary to, the main use of the

building or land (see illustration);

b) For residential uses, domestic garages,

carports, ramps, sheds, swimming

pools, greenhouses, cold frames, fuel

sheds, vegetable storage cellars, shelters for domestic pets or radio and television antennae;

c) For commercial uses, workshops or garages; and d) For industrial uses, garages, offices, raised ramps and docks.

2.3 Accessory Use means a use that is subsidiary to a permitted or discretionary use

and that is customarily expected to occur with the permitted or discretionary use.

2.4 Act means the Urban and Rural Planning Act, 2000.

2.5 Agriculture means horticulture, fruit, grain or seed growing, dairy farming, the

breeding or rearing of livestock, including any creature kept for the production of

food, wool, skins, or fur, or for the purpose of its use in the farming of land, the

use of land as grazing land, meadow land, market gardens and nursery grounds and

the use of land for woodlands where that use is ancillary to the farming of land for

any other purpose. "Agriculture" shalt be construed accordingly.

2.6 Appeal Board means the appropriate Appeal Board established under the Act.

2.7 Applicant means a person who has applied to an authority for an approval or permit to carry out a development

Provincial Reg 4(a)

Provincial Reg. 4(b)

Provincial ••• Reg. 4(c)

Provincial Reg. 2(a)

Provincial Reg. 2(b)

2 Aquaforte Development Regulation CBCL Limited

2.8 Bed and Breakfast Establishment means a single dwelling unit in which the

resident supplies, for compensation, bedrooms for the temporary accommodation

of travelers.

2.9 Building means

a) A structure, erection, alteration or improvement placed on, over or under

land, or attached, anchored or moored to land,

b) Mobile structures, vehicles and marine vessels adapted or constructed for

residential, commercial, industrial and other similar uses,

c) A part of, and fixtures on, buildings referred to in (a) and (b), and

d) An excavation of land whether or not that excavation is associated with the

intended or actual construction of a building or thing referred to in (a) or

(c).

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2.10 Building Height means the vertical distance, measured in meters from the

established grade to the;

a) highest point of the roof surface of a flat roof;

b) deck line of a mansard roof;

c) mean height level between the eave and the ridge of a gable, hip or

gambrel roof;

d) and in any case, a building height shall not include mechanical structure,

smokestacks, steeples and purely ornamental structures above the roof.

Provincial Reg 4(0)

•

f•

building height

IS

flat roof mansard roof gable roof

2.11 Building line means a line established by an authority that runs parallel to a

street line and is set at the closest point to a street that a building may be placed

(see lot frontage for illustration).

2.12 Convenience Store means a building used as a store that serves the primary

needs of the adjacent neighbourhood and includes the sale of convenience,

grocery and other items.

2.13 Childcare Centre means a building or part of a building in which services and activities are regularly provided to children of pre-school age during the full

daytime period as defined under the Childcare Services Act.

Provincial Reg 4(e)

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2.14 Development means the carrying out of building, engineering, mining or other

operations in, on, over, or under land, or the making of a material change in the

use, or the intensity of use of land, buildings, or premises and the; a) Making of an access onto a highway, road or way, b) Erection of an advertisement or sign, c) Construction of a building,

d) Parking of a trailer, or vehicle used for the sale of refreshments or

merchandise, or as an office, or for living accommodation,

And excludes:

e) Carrying out of works for the maintenance, improvement or other

alteration of a building, being works which affect only the interior of the

building or which do not materially affect the external appearance or use of the building;

f) Carrying out by a highway authority of works required for the maintenance

or improvement of a road, being works carried out on land within the

boundaries of the road reservation; g) Carrying out by a local authority or statutory undertakers of works for the

purpose of inspecting, repairing or renewing sewers, mains, pipes, cables or

other apparatus, including the breaking open of street or other land for that purpose; and

h) Use of a building or land within the courtyard of a dwelling house for a

purpose incidental to the enjoyment of the dwelling house as a dwelling.

2.15 Discretionary Use means a use that is listed within the discretionary use classes

established in the use zone tables of an authority's development regulations.

2.16 Dwelling, Single Detached Unit means a self-contained unit consisting of one or

more habitable rooms used or designed as the living quarters for one household.

2.17 Dwelling, Double Unit (or Duplex) means a building containing two dwelling

units, placed one above the other, or side by side, but does not include a self-contained dwelling containing a subsidiary apartment.

2.18 Dwelling, Apartment Building means a building containing three or more dwelling units.

2.19 Engineer means a professional engineer employed or retained by the Authority.

2.20 Erect means to build, construct, reconstruct, alter or relocate and without

limiting the generality of the foregoing, shall include any preliminary physical

operation such as excavating, grading, piling, cribbing, filling or draining, or

Provincial „. Reg 4(f)

4 Aqua torte Development Regulation CBCL Limited

structurally altering any existing building or structure by an addition, deletion,

enlargement or extension.

2.21 Established Grade means Provincial

a) Where used in reference to a Reg 4(9)

building, the average elevation {

of the finished surface of the tr 1

ground where it meets the

exterior or the front of that

building, exclusive of any

artificial embankment or highest elevation

entrenchment, or established grade

b) Where used in reference to a lowest elevation

structure that is not a building,

the average elevation of the finished grade of the ground immediately

surrounding the structure, exclusive of an artificial embankment or

entrenchment.

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• 2.22 Existing means legally existing as of the effective date of these Regulations.

2.23 Floor Area means the total area of all floors in a building measured to the outside

face of exterior walls.

2.24 General Industry means the use of land or buildings for the purpose of storing,

assembling, altering, repairing, manufacturing, fabricating, packing, canning,

preparing, breaking up, demolishing, or treating any article, commodity or

substance.

2.25 General Garage means land or buildings used for the repair, maintenance and

storage of motor vehicles and may include the sale of gasoline or diesel oil. For the

purposes of these Regulations, it also includes a service station.

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2.26 Home Occupation means an accessory use of a dwelling and/or accessory

building for gainful employment involving the provision or sale of goods and/or

services.

2.27 Inspector means any person appointed and engaged as an Inspector by the

Authority or by any federal or provincial authority or the agent thereof.

2.28 Land includes land covered by water, and buildings and structures on, over, under

the soil and fixtures that form part of those buildings and structures.

Provincial Reg 4(h)

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2.29 Landscaping means any combination of trees, shrubs, flowers, grass or other

horticultural elements, decorative stonework, paving, screening or other

architectural elements, all of which is designed to enhance the visual amenity of a

property or to provide a screen between properties in order to mitigate

objectionable features between them.

2.30 Light Industry means use of any land or buildings for any general industrial use

that can be carried out without hazard. For the purposes of these Regulations,

Light Industry includes distribution and warehousing centres, indoor storage and

custom workshops.

2.31 Livestock means domestic animals such as cattle, poultry or horses raised for

home use or for profit.

2.32 Loading Space means an area of land provided for use for the temporary parking

of a commercial motor vehicle where merchandise or materials are loaded or

unloaded from the vehicles.

2.33 Lot means a plot, tract, or parcel of land which can be considered as a unit of

Provincial

land for a particular use or building. Reg. 40)

2.34 Lot Area means the total horizontal area within the lines of the lot. Provincial Reg. 4(k)

2.35 Lot Coverage means the combined area of all

buildings on a lot measured at the level of the lowest

floor above the established grade and expressed as a

percentage of the total area of the lot.

Lot coverage = Area of A + Area of B

Lot area

2.36 Lot line means an outer boundary for a specific lot.

Provincial Reg. 4(1)

Provincial — Reg. 4(i)

2.37 Lot line, Front means the line dividing a lot from the street. For a corner lot, the

shorter lot line adjacent to the street shall be deemed the front lot line and the

longer lot tine abutting the street shall be deemed the flanking lot line.

2.38 Lot Frontage means the horizontal distance between side lot lines measured at

the building line (the distance between points A and B in illustration below).

6 Aqualarte Development Regulation CBCL Limited

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• 2.39 Lot line, Rear means the tot line on the opposite side of the front lot line.

• 2.40 Lot line, Side means

the lot lines

perpendicular to the

front and rear lot lines.

rear lot line

sid

e lo

t li

ne

• A• building line

• - trent lot line

street

r side lot line

2.41 Main Building means any building in which is carried on, the principal purpose for

which the lot is used.

2.42 Marina means a dock or basin together with associated facilities where slips,

moorings, supplies, repairs, and other services that are typically available for

boats and other watercraft, including storage, sales and rentals, and may include a

club house.

2.43 Marine Service Centre means a facility that provides storage, repair and other

services to vessels.

2.44 Mineral Working means land or buildings used for the working or extraction of

any naturally occurring substance, including a pit or quarry.

2.45 Non-Conforming Use means a legally existing use that is not listed as a

permitted or discretionary use for the use zone in which it is located or which does • not meet the development standards for that use zone.

2.46 Owner means a person or an organization of persons owning or having the legal il•

right to use the land under consideration.

• 2.47 Permitted Use means a use that is listed within the permitted use classes set out

in the use zone tables of an authority's development regulations.

Provincial Reg 4(m)

Provincial Reg 4(o)

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2.48 Prohibited Use means a use that is not listed in a use zone within the permitted

use classes or discretionary use classes or a use that an authority specifies as not

permitted within a use zone.

2.49 Public Use means any lands, structure or building which is constructed for use by

the general public, including but not limited to parks, playgrounds, trails, paths

and other recreational and open spaces, scenic and historic sites, publicly funded

buildings such as schools, hospitals, libraries and other public buildings and

structures.

2.50 Restaurant means a building or part thereof, designed or intended to be used or

occupied for the purpose of serving the general public with meals or refreshments

for consumption on the premises.

2.51 Screening means the method by which a

view of one site from another adjacent site is

shielded, concealed or hidden. The example

on the right shows trees and fences being

used to screen a parking lot from public view.

2.52 Shop means a building or part thereof used

for retail trade wherein the primary purpose is the selling or offering for sale of

goods, wares or merchandise by retail or the selling or offering for sale of retail

services but does not include an establishment wherein the primary purpose of the

serving of meals or refreshments, or a general garage.

2.53 Sign (or advertisement) means a word, letter, model, placard, board, device or

representation, whether illuminated or not, in the nature of or employed wholly or

in part for the purpose of advertisement, announcement or direction and excludes

those things employed wholly as a memorial, advertisements of local government,

utilities, and boarding or similar structures used for the display of advertisements.

Provincial (- Reg. 4(q)

8 Aquatorte Development Regulation CBCL Limited

street

street right-of-way

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2.54 Street means a street, road, highway or other way designed for the passage of

vehicles and pedestrians, and which is accessible by fire department and other

emergency

vehicles.

2.55 Street Line

means the edge

of a street

reservation as

defined by the

Authority having

jurisdiction.

2.56 Street Right- of-Way means a strip of land between the street lines, acquired by reservation,

dedication or forced dedication intended to be occupied by a public street, road or

highway.

2.57 Subdivision means the dividing of land, whether in single or joint ownership, into

two or more pieces for the purpose of development.

2.58 Subsidiary Apartment means a separate dwelling unit constructed within and

subsidiary to a self-contained dwelling.

2.59 Use means a building or activity situated on a lot or a development permitted on a

lot.

2.60 Use Zone or Zone means an area of land including buildings and water

designated on the Zoning Map to which the uses, standards and conditions of a

particular Use Zone Table apply.

2.61 Variance means a departure, to a maximum of 10% from the yard, area, lot

coverage, setback, size, height, frontage or any other numeric requirement of the

applicable Use Zone of the authority's regulations.

Provincial Reg. 4(t)

Provincial Reg. 4(n)

Provincial Reg. 4(v)

Provincial Reg. 4(w)

Provincial Reg 4(x)

2.62 Watercourse means any lake, pond, river, stream or other body of water.

2.63 Wetland means the land usually or at any time occupied by water, where the

water table is at or is just above the surface of the land either permanently or

intermittently, depending upon the class of the wetland which includes bogs, fens,

marshes, swamps and shallow water zones along shorelines of bodies of water.

CBCL Limited Aquaforte Development Regulations 9

2.64 Yard means an open uncovered space on a lot appurtenant to a building (except a

court) and unoccupied by buildings or structures except as specifically permitted

elsewhere in these Regulations.

2.65 Yard, Rear means the

distance between the rear

lot line and the rear wall of

the main building on a lot.

2.66 Yard, Side means the

distance between the side

lot line and the nearest side

wall of a building on the lot.

2.67 Yard, Front means the

distance between the front

lot line of a lot and the

front wall of the main

building on the lot.

2.68 Yard, Flanking means the

side yard of a corner lot

bounded by the street.

Provincial Reg 4(r)

Provincial Reg 4(s)

Provincial Reg 4(y)

2.69 Yard, Abutting means the yard of an abutting lot which shares a lot line of

subject property.

2.70 Zoning Map means the map or maps attached to and forming a part of the

authority's regulations.

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3 General Regulations

3.1 Permit to Develop Required No person shall carry out any development within the Planning Area except where

otherwise provided in these Regulations unless a permit for the development has

been issued by the Council.

3.2 Compliance with Regulations Development shall be carried out and maintained within the Planning Area in

accordance with the Municipal Plan, these Regulations, conditions stated in a

Development Approval, and any other by-law or regulation enacted by the

Authority.

3.3 Decisions of Council Decisions made by Council with respect to a permit required by these Regulations

shall be made in writing, and state the reasons for a refusal of, or conditions

attached to a permit. Council shall also advise the person to whom the decision

applies of their right to appeal, in accordance with Section 42 of the Act and the

requirements of Section 3.21 of these Regulations.

3.4 Permit to be Issued Subject to Regulations 3.4 and 3.5, a permit shall be issued for development within

the Planning Areas that conforms to:

a) The policies expressed in the Municipal Plan and any further scheme, plan,

or regulation pursuant thereto;

b) The general development standards set out in Section 4 of these

Regulations, the requirements of Sections 5, 6, 7 and 8 of these

Regulations, and the use classes, standards, requirements, and conditions

prescribed in Sections 9 of these Regulations for the use zone in which the

proposed development is located;

c) The standards set out in the Building Code and/or other ancillary codes,

and any Building Regulations, Waste Disposal Regulations, and/or any other

municipal regulation in force in the Planning Area regulating or controlling

development, conservation and use of land and buildings;and

d) The standards of design and appearance established by Council.

3.5 Permit Not to be Issued in Certain Cases No permit or approval in principle shall be issued for development within the

Planning Area when, in the opinion of Council, it is premature by reason of the site

lacking adequate road access, power, drainage, sanitary facilities, or domestic

water supply, or being beyond the natural development of the area at the time of

application, unless the applicant contracts to pay the full cost of construction of

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Aquiforte f)evii(ipmetit ItowiLitionc, 11

the services deemed necessary by Council and such cost shall attach to and upon

the property in respect of which it is imposed.

3.6 Discretionary Powers In considering an application for a permit or for approval in principle to carry out

development, Council shall take into account the policies of the Municipal Plan and

shall assess the general appearance of the development of the area, the amenity

of the surroundings, availability of utilities, public safety, and any other

considerations which are, in its opinion, material, and notwithstanding the

conformity of the application with the requirements of these Regulations, Council

may, in its discretion, and as a result of its consideration of the matters set out in

this Regulation, conditionally approve or refuse the application.

3.7 The Application 1) Applications for a Permit to Develop or an Approval in Principle shall be made only

by the owner, the owner's agent or person authorized by the owner, on an

application form prescribed by Council. Every application shall include such plans,

specifications, drawings and fee as may be required.

2) Council shall, on request, supply to every applicant a copy of the application forms

referred to in Regulation 3.7(1) and a description of the plans, specifications,

drawings and fee required to be provided with the application.

3.8 Register of Application Council shall keep a public register of all applications for development, and shall

enter therein Council's decision upon each application and the result of any appeal

from that decision.

3.9 Deferment of Application 1) Council may, with the written agreement of the applicant, defer consideration of

an application; and

2) Applications properly submitted in accordance with these Regulations which have

not been determined by Council and on which a decision has not been

communicated to the applicant within eight weeks of the receipt thereof by

Council, and on which consideration has not been deferred in accordance with

Regulation 3.8(1), shall be deemed to be refused.

3.10 Approval in Principle 1) An application for Approval in Principle shall include;

a) a description of the proposed development,

b) a description of the limits of the land to be used with the proposed

development, and may include a survey description of the subject lands,

12 Aquaf wag Development Regulation CBCL Limited

c) submission of detailed plans,

d) any additional information that may be required by Council.

2) Council may issue an Approval in Principle if it determines the application

conforms to the Municipal Plan and these Regulations.

3) An Approval in Principle shall be valid for 2 years.

4) No development shall be carried out under an Approval in Principle.

5) Council may revoke an Approval in Principle if it determines the applicant has

changed the proposed development in a way that significantly alters the original

intent of the applications.

3.11 Approval Approval for an application is granted by Council in the form of a Development

Permit or Building Permit for applications approved under these Regulations.

3.12 Development Permit 1) A plan or drawing which has been approved by Council and which bears a mark

and/or signature indicating such approval together with a permit shall be deemed

to be permission to develop. Such permission shall not relieve the applicant from

a) full responsibility for obtaining permits or approvals under any other

regulation or statute prior to commencing the development;

b) having the work carried out in accordance with these Regulations or any

other regulations or statutes; and

c) compliance with all conditions attached to an approval or a permit.

2) Council may attach to a permit or to approval in principle such conditions as it

deems fit in order to ensure that the proposed development will be in accordance

with the purpose and intent of these Regulations.

3) Where Council deems necessary, permits may be issued on a temporary basis for a

period not exceeding two years, which may be extended in writing by Council for

further periods.

4) A permit is valid for two years. If the development has not commenced, the

permit may be renewed for a further period not in excess of one year, but a

permit shall not be renewed more than once, except in the case of a permit for a

sign, which may be renewed in accordance with Section 6 of these Regulations;

5) The approval of any application and plans or drawings or the issue of a permit

shall not prevent Council from thereafter requiring the correction of errors, or

from ordering the cessation, removal of, or remedial work on any development

being carried out in the event that the same is in violation of this or any other

regulations or statute;

CBCL Limited Aqualoi te Development Regulations 13

6) No person shall erase, atter or modify any drawing or specifications upon which a

permit to develop has been issued by Council; and

7) There shall be kept available on the premises where any work, matter or thing is

being done for which a permit has been issued, a copy of the permit and any

plans, drawings or specifications on which the issue of the permit was based until

completion.

3.13 Revoke Permit Council may revoke an approval and any subsequent permits for failure by the

applicant or developer to comply with these Regulations or any condition attached

to the permit, or where the permit was issued in error or was issued contrary to

the applicable regulations or was issued on the basis of incorrect information.

3.14 Public Notice 1) Council shall provide public notice for a period of not less than:

a) 7 days - when considering a variance in accordance with Section 3.29; and

b) 14 days - when considering a change in a non-conforming use in accordance

with Section 3.32; or development which is listed as a Discretionary use in any

use zone in Section 9 of these Regulations.

2) Council may require public notice of any development application where, in the

opinion of Council, such notice is required for information and public consultation

purposes.

3) Council may require the cost of the public notice or portion thereof to be paid by

the applicant and that such notice shall be by public advertisement in a newspaper

circulating in the area or by any other means deemed necessary or appropriate by

Council.

3.15 Licenses, Permits and Compliance with Other Bylaws Nothing in these regulations shall exempt any person from complying with the

requirements of any By-Law in force within the Town of Aquaforte, or from

obtaining any license, permission, permit, authority or approval required by any

statute or regulation of the Province of Newfoundland and Labrador or the

Government of Canada.

3.16 Right of Entry Council or other person or persons authorized by the municipality, may enter upon

any public or private land and may at all reasonable times enter any development

or building upon the land for the purpose of making surveys or examinations or

obtaining information relative to the carrying out of any development,

14 Aquaforte Development Regulation CBCL Limited

construction, alteration, repair, or any other works that the Council is empowered

to regulate.

3.17 Stop Work Order and Prosecution 1) Where a person begins a development contrary or apparently contrary to these

Regulations, Council may order that person to pull down, remove, stop construction,

fill in or destroy that building or development and may order the person restore the

site to its original state, pending final adjudication in any prosecution arising out of

the development; and

2) A person who does not comply with an order made under Regulation 3.17(1) is

guilty of an offence under the provisions of the Act.

3.18 Service Levy • 1) Council may require a developer to pay a service levy where development is made

possible or where the density of potential development is increased or where the

value of property is enhanced, in accordance with Section 149(2) of the

Municipalities Act, SN, 1999.

a 2) A service levy shall not exceed the cost, including finance charges to Council of

constructing or improving the public works referred to in Regulation 3.18(1) that

are necessary for the real property to be developed in accordance with the

standards required by Council and for uses that are permitted on that real

property;

3) A service levy shall be assessed on the real property based on:

a) The amount of real property benefited by the public works related to all

the real property so benefited; and

b) The density of development made capable or increased by the public work.

4) Council may require a service levy be paid by the owner of the real property

benefited and may specify the time for payment. The amount of the service levy

will be outlined in the Town's Schedule of Rates and Fees.

3.19 Financial Guarantees by Developer 1) Council may require a developer before commencing a development to make such

financial provisions and/or enter into such agreements as may be required to

guarantee the payment of service levies, ensure site reinstatement, and to enforce

• the carrying out of any other condition attached to a permit of licence;

2) The financial provisions pursuant to Regulation 3.19(1) may be made in the form

of: a) a cash deposit from the developer, to be held by the Council, or;

CBCL Limited Aquaforte DevelopInent RegoHump; 15

b) a security or guarantee by a bank, or other institution acceptable to Council, for expenditures by the developer, or;

c) a performance bond provided by an insurance company or a bank.

3.20 Dedication of Land for Public Use Council may, for a development not involving a subdivision, require a portion of

the land to be developed to be conveyed to the Town for a public purpose where

public works are required to accommodate the proposed development.

3.21 Reinstatement of Land Council may order the developer, the site occupier, the owner, or any of them to

restore the site to the satisfaction of Council where a) the use of land is discontinued; b) the intensity of the use is decreased; c) a Permit to Develop has been revoked; d) a Temporary Permit to Develop has expired.

3.22 Notice of right to appeal Where an authority makes a decision that may be appealed under Section 42 of the

Act, that authority shall, in writing, at the time of making that decision, notify the

person to whom the decision applies of the; a) person's right to appeal the decision to the board; b) time by which an appeal is to be made; c) right of other interested persons to appeal the decision; and d) manner of making an appeal and the address for the filing of the appeal.

3.23 Appeal requirements 1) The secretary of the board at the Department of Municipal and Intergovernmental

Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's,

Nfld., A1B 4J6 is the secretary to all boards in the province and an appeal filed

with that secretary within the time period referred to in subsection 42(4) of the

Act shall be considered to have been filed with the appropriate board.

2) The fee required under section 44 of the Act shall be paid to the board that hears

the decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act.

3) The board that hears the decision being appealed shall, subject to subsection 44(3) of the Act, retain the fee paid to the board.

4) Where an appeal of a decision and the required fee is not received by a board in

accordance with this section and Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited.

Provincial Reg. 5

Provincial Reg. 6

16 Akitialm te I)

!opulent Regulation CBCL Limited

3.24 Appeal registration 1) Upon receipt of an appeal and fee as required under the Act and these regulations,

the secretary of the board as referred to in subsections 6(1) and (2), shall

immediately register the appeal.

2) Where an appeal has been registered the secretary of the board shall notify the

appropriate authority of the appeal and shall provide to the authority a copy of the

appeal and the documentation related to the appeal.

3) Where an authority has been notified of an appeal that authority shall forward to

the appropriate board a copy of the application being appealed, all

correspondence, council minutes, plans and other relevant information relating to

the appeal including the names and addresses of the applicant and other

interested persons of whom the authority has knowledge.

4) Upon receipt of the information under subsection (3), the secretary of the board

shall publish in a newspaper circulated in the area of the appropriate authority, a

notice that the appeal has been registered.

• 5) A notice published under subsection (4) shall be published not fewer than 2 weeks

before the date upon which the appeal is to be heard by the board.

3.25 Development prohibited 1) Immediately upon notice of the registration of an appeal the appropriate authority

shall ensure that any development upon the property that is the subject of the

appeal ceases.

Provincial Reg. 7

Provincial Reg 8

2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1).

3) Upon receipt of a notification of the registration of an appeal with respect to an

order under section 102 of the Act, an authority shall not carry out work related to

the matter being appealed.

3.26 Hearing notice and meetings 1) A board shall notify the appellant, applicant, authority and other persons affected

by the subject of an appeal of the date, time and place for the appeal not fewer

than 7 days before the date scheduled for the hearing of the appeal.

• 2) A board may meet as often as is necessary to conduct its work in an expeditious

manner.

Provincial Reg. 9

CBCL Limited Aciiiitorte De=velopment 12cguldtions 17

3.27 Hearing of evidence 1) A board shall meet at a place within the area under its jurisdiction and the

appellant and other persons notified under subsection 9(1) or their representative

may appear before the board and make representations with respect to the matter being appealed.

Provincial Reg 10

2) A board shall hear an appeal in accordance with section 43 of the Act and these regulations.

3) A written report submitted under subsection 43(2) of the Act respecting a visit to

and viewing of a property shall be considered to have been provided in the same

manner as evidence directly provided at the hearing of the board.

4) In the conduct of an appeal hearing, the board is not bound by the rules of

evidence.

3.28 Board decision A decision of the board must comply with the plan, scheme or development

regulations that apply to the matter that has been appealed to that board.

3.29 Variances 1) Where an approval or permit cannot be given by an authority because a proposed

development does not comply with development standards set out in development

regulations, an authority may, in its discretion, vary the applicable development

standards to a maximum of 10% if, in the authority's opinion, compliance with the

development standards would prejudice the proper development of the land,

building or structure in question or would be contrary to the public interest.

2) An authority shall not allow a variance from development standards set out in

development regulations if that variance, when considered together with other

variances made or to be made with respect to the same land, building or structure,

would have a cumulative effect that is greater than a 10% variance even though

the individual variances are separately no more than 10%.

3) An authority shall not permit a variance from development standards where the

proposed development would increase the non conformity of an existing

development.

3.30 Notice of variance Where an authority is to consider a proposed variance, that authority shall give

written notice of the proposed variance from development standards to all persons

whose land is in the immediate vicinity of the land that is the subject of the

variance.

Provincial Reg. 11

Provincial Reg. 12

Provincial Reg 13

18 Aqtritorte Development Regulation CBCL Limited

3.31

3.32

IMP

a

a

3.33

3.34

3.35

Residential non conformity A residential building or structure referred to in paragraph 108(3)(g) of the Act

must, where being repaired or rebuilt, be repaired or rebuilt in accordance with

the plan and development regulations applicable to that building or structure.

Notice and hearings on change of use Where considering a non conforming building, structure or development under

paragraph 108(3)(d) of the Act and before making a decision to vary an existing use

of that non-conforming building, structure or development, an authority, at the

applicant's expense, shall publish a notice in a newspaper circulating in the area or

by other means give public notice of an application to vary the existing use of a

non-conforming building, structure or development and shall consider any

representations or submissions received in response to that advertisement.

Non-conformance with standards Where a building, structure or development does not meet the development

standards included in development regulations, the building, structure or

development shall not be expanded if the expansion would increase the non-

conformity and an expansion must comply with the development standards

applicable to that building, structure or development.

Discontinuance of non-conforming use An authority may make development regulations providing for a greater period of

time than is provided under subsection 108(2) of the Act with respect to the time

by which a discontinued non-conforming use may resume operation.

Delegation of powers An authority shall, where designating employees to whom a power is to be

delegated under subsection 109(3) of the Act, make that designation in writing.

Provincial Reg 14

Provincial Reg. 15

Provincial Reg. 16

Provincial

Reg 17

Provincial Reg 18

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Aquatorte Development Regffici [is 19

4 General Development Standards

4.1 Access and Service Streets 1) Access shall be located to the specification of Council so as to ensure the greatest

possible convenience and safety of the street system.

2) No vehicular access shall be closer than 10 metres to the street line of any street

intersection.

3) No access to a street may be made without the permission of the Authority. Before

granting an approval for an access, the Authority shall have regard to safety and

efficiency of the street for both vehicles and pedestrians.

4) Access to a Provincial Highway shall be subject to the requirements and approval

of the Department of Transportation and Works.

4.2 Accessory Buildings 1) May be located on the same lot as the main building(s) to which it is accessory; or

on a lot adjoining the lot that contains the main building, where both lots are

under the same ownership.

2) Accessory buildings shall be placed on the lot taking into consideration the slope of

the land, the orientation of the main building and visual impact on the street and

from adjoining properties and shall be placed no closer than 2m from the side and

rear lot lines. Where located in a front yard, an accessory building shall be no

closer than the minimum required building line setback.

3) Accessory buildings shall be complementary with the main building in terms of

exterior finish, roofline and pitch.

4) Accessory buildings shall be small, having a lot coverage no greater than 7 percent

or a maximum floor area of 70 m2, whichever is greater, and a height that is no

greater than the main building to which it is accessory.

4.3 Accessory Uses Permitted Where these regulations provide for any land to be used, or building to be erected

or used for a purpose, the purpose shall include any accessory use. Such uses shall

be clearly incidental and complementary to the use of the main building. and be

contained on the same lot as the main building or an adjoining lot where both lots

are under the same ownership.

4.4 Alterations to the Natural Environment Development proposals shall include plans for grading, ditching, and landscaping.

Significant alterations to the natural environment as part of a development (such

as changing the drainage pattern or removing vegetation) will be considered during

the evaluation of development proposals.

20 Aqualorte Development Regulation

CBCL Limited

r 4.5 Archaeological Assessment Applications for development involving major ground disturbance, including works

along the coastline or areas of known or suspected historic resources, shall be

r referred to the Provincial Archaeology Office, for review and consideration under

the Historic Resources Act.

4.6 Buffer Strips Where development is proposed that, in the opinion of Council, will have a visual

impact on a highway, viewscape or abutting land use, Council may require the

owner of the site to provide a separation buffer to screen the development. The

buffer shall include provision of such natural or structural barrier as may be

required by Council and shall be maintained by the owner or occupier to the

satisfaction of the Council.

4.7 Landscaping and Screening 1) All land except that used for customer parking and vehicle access shall be

landscaped and maintained by the owner or occupier to the satisfaction of Council.

2) Council may, in the case of existing unsightly development, order the owner or

occupier to provide adequate and suitable landscaping or screening; and for this

purpose may require the submission of an application giving details of the

landscaping or screening, and these Regulations shall then apply to that

application. The provision of adequate and suitable landscaping or screening may

be made a condition of any development permit where, in the opinion of Council,

the landscaping or screening is desirable to preserve amenity or to protect the

environment.

4.8 Lot Area 1) No lot shall be reduced in area, either by the conveyance or alienation of any

portion thereof or otherwise, so that any building or structure on such lot shall

have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or

tot area that is less than that permitted by these Regulations for the zone in which

such lot is located.

2) Where any part of a lot is required by these Regulations to be reserved as a yard, it

shall continue to be so used regardless of any change in the ownership of the lot or

any part thereof, and shall not be deemed to form part of an adjacent lot for the

purpose of computing the area thereof available for building purposes.

4.9 Lot Frontage All lots created and proposed for residential development shall be required to have

direct access, and front onto a publicly maintained street.

4.10 Non-Conforming Uses Applications involving non-conforming uses shall be processed in accordance with

Section 108 of the Urban and Rural Planning Act and Sections 3.32-3.34 of these

ire

•

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•

•

•

• CBCL Limited Aciudimte Development Regulations 21

Regulations. If a non-conforming uses ceases to exist for a period of more than 24

months, new uses for the property and any buildings must conform to the

requirements of the land use zone in which it is located.

4.11 Parks, Playgrounds, and Conservation Uses Nothing in these Regulations shall prevent the designation of conservation areas or

the establishment of parks and playgrounds in any zone.

4.12 Side Yards Side yards shall be provided on the exposed sides of every building and kept clear of obstruction in order to provide access for emergency services and the maintenance of that building.

4.13 Soil Removal, Deposit and Site Grading 1) Where not part of an approved development, land disturbance involving the

removal, deposition or grading on a property that results in extensive cut and fill,

shall require application showing the full extent of disturbance that is intended,

for review and approval by the Town.

2) Council may require a developer to assess geotechnical aspects, visual and

environmental impacts, as well as impacts on adjoining properties; and

3) Where alterations to the landscape are approved, financial guarantees may be

required to ensure adequate site rehabilitation and/or landscaping.

4.14 Storage and Screening of Refuse Containers Refuse containers used for the collection or storage wastes from a commercial use

shall be screened by fence or similar structure.

4.15 Watercourse Protection 1) An undisturbed environmental buffer of no Less than 15metres shall be retained

from the high water mark of ponds, rivers and wetlands.

2) Council may require larger buffer areas around watercourses where identified

flood plains, steep slopes or unstable soil conditions (for example) could result in

damage to watercourses and wildlife habitat as a result of development. For the

purposes of assessing applications in areas known to be at risk of flooding, the high

water mark is considered to be the 1:100 year flood level.

3) Where fish habitat may be affected as a result of a proposed development,

approval may be required from Fisheries and Oceans, Canada.

4) Council shall require that water crossings, bridges, culverts, stream diversions and

stormwater management devices, are planned, designed and constructed so as to

ensure that fish habitat and passage is preserved, and where possible, enhanced.

5) Development that requires alterations to watercourses, shall require approval from

the Water Resources Management Division of the Department of Environment and

Conservation.

22 AqualMite Development Regulation CBCL Limited

5 Off-Street Parking and Loading

5.1 Parking Required For every building, structure or use to be erected, enlarged or established, there

shall be provided and maintained a quantity of off-street parking spaces sufficient

to ensure that the flow of traffic on adjacent streets is not impeded by the parking

of vehicles associated with that building, structure or use.

5.2 Parking Spaces Applications for commercial and industrial uses shall provide a parking plan

showing the number of parking sites and their location relative to the main

building and the street.

s.3 Parking Area Design Standards Parking areas or parking lots associated with a commercial or industrial

development requiring more than four parking spaces will meet the following

standards:

a) Where possible, parking should be sited in the side or rear yard and

constructed with a stable surface;

b) Individual parking spaces will be a minimum of 15 m2 in size, accessible

without the need to move other vehicles to access the space and arranged

so that it is not necessary for any vehicle to reverse onto or from a street;

c) No part of any off-street parking area shall be closer than 1.5 m to the

front lot line;

d) Parking standards to accommodate persons with disabilities shall meet the

requirement of the Buildings Accessibility Act and Regulations.

5.4 Off-Street Loading Requirements 1) For every building, structure or use to be erected, enlarged or established

requiring the shipping, loading or unloading of goods, wares or merchandise, there

shall be provided and maintained for the premises, loading facilities on land that is

not part of a street comprised of one or more loading spaces.

2) Loading facilities shalt be arranged so that vehicles can move clear of any street

and so that it is not necessary for any vehicle to reverse onto or from a street.

••

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• CBCL Limited Atitutm to Development Reguldttons 23

6 Signs

6.1 Regulation of Signs Signs erected in Aquaforte are subject to these Regulations. It shall be a policy of

Council that applications shall not be required, nor permits issued for signs.

6.2 Provincial Highway Sign Regulations Any signs to be erected along the Southern Shore Highway require application to

and approval by provincial departments under the Provincial Highway Sign Regulations.

6.3 Signs Prohibited in Street Reservation Unless otherwise permitted by these or other regulations (Highway Sign

Regulations, Provincial Highway signs for example) no sign shall be permitted to be

erected or displayed within, on or over any highway or street reservation.

6.4 Removal of Signs Notwithstanding the provisions of these Regulations, Council may require the

removal of any sign which, in its opinion, is:

a) Hazardous to road traffic by reason of its siting, colour, illumination, or

structural condition, or;

b) Detrimental to the amenities of the surrounding area.

6.5 Prohibited Signs The following sign types will not be permitted:

a) Billboards

b) Signs with Flashing Lights or Moving Parts

6.6 General Standards for Signs 1) All signs must be located on the property where the person/activity/business being

advertised is located unless otherwise permitted in these Regulations.

2) Signs in all zones must be maintained in good condition (e.g. no peeling paint,

rotting wood, etc.) and not present a safety hazard in terms of structural stability.

3) No sign shall obstruct a means of ingress/egress from a door, window or fire

escape.

4) Signs shall be professionally prepared and comply with standards as may be

prescribed by Council.

5) The maximum number of signs a commercial use may have is 2 signs, regardless of

the number of buildings on the lot associated with that business.

6) The maximum number of signs a home occupation use may have is 1 sign.

24 Aquaforte Development Regulation CBCL Limited

7

• 7.1

7.2

•

•

7.3

Subdivision of Land

Permit Required No land in the Planning Area shall be subdivided unless a permit for the

development of the subdivision is first obtained from Council.

Services to be Provided No permit shall be issued for the development of a subdivision unless provisions

satisfactory to Council have been made in the application for a supply of drinking

water, a properly designed sewage disposal system, and a properly designed storm

drainage system.

Payment of Service Levies and Other Charges No permit shall be issued for the development of a subdivision until agreement has

been reached for the payment of all fees levied by Council for connection to

services, utilities and streets deemed necessary for the proper development of the

subdivision, and all service levies and other charges imposed under Regulations

3.18 and 3.19.

a

7.4 Issue of Permit Subject to Considerations Subdivisions of land for residential purposes must contribute to the orderly

development in the Town and be well designed. In considering an application,

Council shall, without limiting the generality of the foregoing, consider:

a) the location of the land;

b) the availability of, and the demand created for services;

c) the policies of the Municipal Plan;

d) the land use, physical form and character of adjacent land use;

e) soil and subsoil characteristics;

f) the topography of the site and its drainage;

g) natural features such as lakes, streams, topsoil, trees and shrubs;

h) visual quality and the compatibility of the proposed development with the

form and scale of buildings in the community;

i) other matters as may affect the proposed development.

7.5 Proposals for Subdivision of Land Proposals for the subdivision of lands for residential, commercial and industrial

development shall be required to provide information on:

a) The physical features of the site, including development opportunities and

constraints, the location of mature stands of vegetation, including any

vegetation to be retained.

b) The layout of proposed lots and streets.

CBCL Limited

tAqua tnrte Development Regulations 25

a

a

c) How the proposed subdivision relates to existing development and roads on

adjacent lands, and provide for future access to undeveloped lands in the

area.

d) The compatibility between the subdivision and surrounding land uses, both

existing and future.

e) Proposed servicing, including water and sewer, storm water management,

and utilities.

f) Opportunities for pedestrian connections to public spaces, trails to and

from the proposed development.

7.6 Form of Application Application for a permit to develop a subdivision shall be made to Council in

accordance with Regulation 3.7.

7.7 Subdivision Subject to Zoning The subdivision of land shall be permitted only in conformity with the Use Zones

delineated on the Land Use Zoning Maps.

7.8 Land for Public Open Space 1) Before a development commences, the developer shall, if required, dedicate to

the Town (at no cost to the Town) an area of land equivalent to not more than 10%

of the gross area of the subdivision for public open space, provided that:

a) Where land is subdivided for any purpose other than residential use, Council

shall determine the percentage of land to be dedicated;

b) If, in the opinion of Council, no public open space is required, the land may

be used for such other public use as Council may determine;

c) The location and suitability of any land dedicated under the provisions of

this Regulation shall be subject to the approval of Council, but in any case,

Council shall not accept land which, in its opinion, is incapable of

development for any purpose;

d) Council may accept from the developer, in lieu of such area or areas of

land, the payment of a sum of money equal to the value of the land which

would otherwise be required to be dedicated;

e) Money received by Council in accordance with Regulation 7.9(1d) shall be

reserved by Council for the purpose of the acquisition or development of

land for public open space or other public purpose.

2) Land dedicated for public use in accordance with this Regulation shall be conveyed

to the Town and may be sold or leased by Council for the purposes of any

development that conforms with the requirements of these Regulations, and the

proceeds of any sale or other disposition of land shall be applied against the cost

of acquisition or development of any other land for the purposes of public open

space or other public purposes.

26 Aquatorte Development Regulation CBCL Limited

MI

a

3) Council may require a strip of land to be reserved and remain undeveloped along

the banks of any river, brook or pond, and this land may, at the discretion of

Council, constitute the requirement of land for public use under Regulation 7.9(1).

7.9 Development Agreement As a condition of approval for new developments, Council shall require a developer

to enter into an agreement with the Municipality. Such agreements will be

negotiated between the developer and the Municipality for financing and

development of services provided to the site. The agreement shall include

specifications for water and sewer infrastructure, storm drainage, streets,

sidewalks, open space, as well as school bus stops and neighbourhood mailboxes,

where required.

7.10 Subdivision Design Standards The design of residential subdivisions shall be as follows:

a) The finished grade of streets shall not exceed 10 percent.

b) New subdivisions shall have street connections with an existing street or

streets.

c) All street intersections shall be constructed within 5° of a right angle and

this alignment shall be maintained for 30 m from the intersection.

d) Streets in residential subdivisions shall be designed in accordance with the

approved standards of Council, but in the absence of such standards, shall

conform to the following minimum standards:

Street Right-of-Way: 15 metres Street Width: 7 metres Minimum Sidewalk Width: 1.5 metres Number of Sidewalks: 1

7 'Ti 15

15 in

e) Council may require any existing natural, historical or architectural feature

or part thereof to be retained when a subdivision is developed.

f) The layout of lots and placement of dwellings along the street may be

designed to mimic traditional patterns of development in the community.

g) Land shall not be subdivided in such a manner as to prejudice the

development of adjoining land.

CBCL Limited

Acituitot Development Itegulati( 27

a

7.11 Cul de Sacs Cul de sacs will generally be discouraged. Where permitted the following design standards are required:

a) A turning circle of a sufficient diameter to accommodate turning

movements of fire and snowclearing vehicles;

b) Have a length no greater than 110m.

7A2 Engineer to Design Works and Certify Construction Layout 1) Plans and specification for all required infrastructure to service the development

shall be designed by and Engineer licensed to practice in the province of

Newfoundland and Labrador.

2) Upon approval by Council of the proposed subdivision, the Engineer shall oversee

the construction and certify that the development has been constructed as

designed and approved. The Engineer shall, at the cost of the developer, test the

streets, services and public works installed in the subdivision and certify that the

construction meets the required design specifications.

7.13 Transfer of Streets and Utilities to the Town 1) Where required by the terms of a Subdivision Development Agreement, the

developer shall, following the approval of the subdivision of land and upon request

of Council, transfer to the Town, at no cost to the Town, and clear of alt liens and

encumbrances:

a) All lands in the subdivision approved for public use including streets,

rights-of-way, and land dedicated for public open space;

b) All services or public works including streets, water supply and distribution

and sanitary and storm drainage systems installed in the subdivision that

are normally owned and operated by Council.

2) Before Council accepts the transfer of lands, services or public works of any

subdivision, the work shall be inspected and any deficiencies identified, corrected.

3) Council shall not provide maintenance for any street, service or public work in any

subdivision until such time as such street, service or public work has been

transferred to and accepted by Council.

7.14 Restriction on Sale of Lots A developer shall not develop or dispose of any lot within an approved subdivision

and no building permit shall be issued for construction, until Council is satisfied

that:

a) The lot can be served with satisfactory water supply and sewage disposal

systems, and;

b) Satisfactory access to a street is provided for the lots.

28 Aqualorte Development Regulation CBCL Limited

r

8 Special Developments

8.1 Bed and Breakfast Establishments A Bed and Breakfast establishment in a residential dwelling, where permitted,

shall be subject to the following conditions:

a) A single, non-illuminated, free-standing sign, not exceeding 0.4 m2 in area,

shall be permitted, provided that the design of the sign is consistent with

the residential character of the area.

b) That the use is approved and licensed under the Tourist Establishment

Regulations, 1996, of the Provincial Department of Tourism, Culture and

Recreation.

8.2 Convenience Stores 1. Where proposed in areas that are mainly residential in nature, convenience stores

shall be designed to blend into the residential area with one storey buildings, with

building footprints that are similar in size to surrounding buildings or smaller.

2. A building containing a convenience store shall be of a design, with any parking,

lighting or signs arranged, so as to blend in with the character of the street, and to

minimize its effect on the adjacent residential uses. All convenience stores will be

required to have adequate off-street parking and be screened from adjacent

dwellings by a fence or other material approved by Council.

8.3 General Industry Where land fronts on the marine shoreline, general industrial uses shall be limited

to marine-related uses. In other areas where the land is zoned Rural, general

industrial uses shall be restricted to the maintenance and repair of equipment,

processing and storage related to agriculture, forestry or mineral working uses

which:

a) Do not require municipal services

b) Are extensive users of land for open storage and handling of materials,

goods and equipment.

c) Would create nuisances if located in residential areas because of

appearance, noise, heavy truck traffic, or other features of the operations.

d) No wholesale or retail sales activities shall be permitted.

8.4 Home Childcare Childcare as a home occupation shall conform to the requirements of the Child

Care Services Act and Regulations. Where required, a license to operate shall be

obtained from the Department of Health and Community Services.

a

CBCL Limited Aquatorte Development Regulations 29

8.5 Home-Based Business The following conditions shall apply to the use of a dwelling for a home-based business:

a) The residence is occupied by the operator of the business; b) The use is clearly subsidiary to the residential use and does not alter the

residential character of the property. The external appearance of the

dwelling shall not be changed by the nature of the business; c) No wholesale, outdoor storage of goods or equipment is carried out, any

retail sales are incidental and subsidiary to the approved use; d) A single, non-illuminated, free-standing sign, not exceeding 0.4m2 (4ft2) in

area, shall be permitted;

e) Any change in the type, class, or extent of the home business will require a permit from the Town;

f) No regular parking of commercial vehicles or trailers except for one vehicle

with a gross weight of no greater than one tonne will be permitted.

8.6 Home Based Business in Accessory Buildings A home based business, where permitted in a residential accessory building shall:

a) Be located on the same lot as the residential use; b) The business shall be owned and operated by the occupants of the dwelling; c) No repairs to vehicles or heavy equipment are carried out; d) Activities associated with the use are carried on inside the accessory

building, are not hazardous and do not cause a noticeable increase in noise,

odour, dust or fumes, nor cause electrical interference, or in any other way

result in a nuisance to the occupants of surrounding dwellings.

8.7 Service Stations Automobile service stations and garages shall conform to the following conditions:

a) All gasoline pumps shall be located on pump islands designed for such

purpose, and to which automobiles may gain access from either side; b) Pump islands shall be set back at least 4 metres from the front lot line. c) A canopy for sheltering pump islands may be erected provided that no part

of the canopy is located within 3m of the street or lot line. d) Access points shall be at least 7 metres wide and shall be clearly marked.

30 Aquatorte Development Regulation CBCL Limited

9 Use Zone Tables

9.1 Use Zones 1. For the purpose of these Regulations, the Planning Area is divided into Use Zones

which are shown on the Aquaforte Land Use Zoning Map attached to and forming

part of these Regulations as follows:

Community Development

CD

Conservation

CON

Protected Water Supply

PWS

Protected Viewshed

PV

Rural

RUR

2. Subject to Regulation 9.1(1), the permitted and discretionary uses, standards,

requirements and conditions applicable to each Use Zone are set out in Section 9.5

to 9.9 of these Regulations.

3. Where standards, requirements and conditions applicable in a Use Zone are not set

out in Sections 9.5 to 9.9, Council may in its discretion, determine the standards,

requirements and conditions which shall apply.

9.2 Permitted Uses Subject to these Regulations, the uses that fall within the permitted Use Classes

• set out in the Use Zones in Sections 9.5 to 9.9 shall be permitted by Council in that

Use Zone.

9.3 Discretionary Uses Subject to these Regulations, the uses that fall within the Discretionary Use Classes

set out in the appropriate Use Zone in Sections 9.5 to 9.9 may be permitted in that MS

Use Zone if the Council is satisfied that the development would not be contrary to

the general intent and purpose of these Regulations, the Municipal Plan, or any

further scheme or plan or regulation pursuant thereto, and to the public interest,

and if Council has given notice of the application in accordance with Section 3.13

and has considered any objections or representations which may have been

received on the matter.

9.4 Prohibited Uses • Uses that do not fall within the Permitted or Discretionary Use or Use Class, or are

specifically listed as a Prohibited Use in a Use Zone in Sections 9.5 to 9.9, shall not

be permitted in that Use Zone. w

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CBCL Limited Aquaforte Development Regukitions 31

9.5 Community Development (CD) 9.5.1 Permitted Uses

Single dwelling

Double dwelling

Apartment buildings (maximum of 6 units)

Subsidiary Apartment

Bed and Breakfast

Church

Child Care

Public and Institutional (Town Hall, Offices, medical clinics)

Agriculture (small scale, home-based)

Public Utilities including telecommunications towers

Marine Industry (fish plant, wharves, marinas, marine service uses)

Conservation

Parks and Open Space

9.5.2 Discretionary Uses — (Requires Public Notice) Commercial Residential

Business and Personal Service Uses

Shop

Professional and personal service (home business)

Agriculture (Commercial farms involving raising of livestock)

General Assembly Uses

Automobile sales and service

Office

Restaurants ( including Take-outs and licensed establishments)

General Industry (including commercial garage, service station)

Light Industry

Marine Industry (uses that service the offshore oil and gas industry such as laydown areas, loading/unloading facilities)

9.5.3 Lot Requirements

Lot Area (Minimum)

Lots with municipal piped water supply and sewage disposal by an on-site septic system approved by the Government Service Centre 1400 m2

Lots with well water supply and connection to municipal sewer

1400 m2 Lots with well water supply and sewage disposal by an on-site septic system approved by the Government Service Centre 1860 m2

32 Aqua! tie Development Regulation CBCL Limited

Minimum lot frontage at the street line 10 m

Minimum lot frontage at the building line 18 m for a partially serviced lot, 30m for a lot with an onsite well and septic system 8 m (min) to 30m (max). Council may establish a building line setback to ensure development is consistent with existing development on the street. Minimum 15m from the centreline of Highway 10 to a maximum of 30m

Front yard (building line setback)

Minimum side yard 2 m

Minimum rear yard 9 m

Maximum lot coverage (all buildings) 33%

9.5.4 Street Access Access to a public street shall be in accordance with Section 4.1.

9.53 Non-Residential Use Buffers 1. Where a non-residential use is proposed next to an existing residential property,

the owner of the non-residential development may be required to provide a buffer

strip between the non-residential building or activity and the residential property.

2. The buffer may be a separation distance left in its natural state, landscaped with

appropriate vegetation, and maintained by the owner or occupier to the

satisfaction of Council.

9.5.6 Open Storage Council may permit open storage of materials and goods on non-residential

properties, provided the following conditions are met:

a) Open storage shall not occupy more than fifty (50) percent of the site area

and shall not be located in the front yard or in any required buffer areas;

b) Open storage shall be enclosed by a fence not less than 2 metres in height

constructed of uniform materials approved by Council; and

c) Open storage shall be maintained with a stable surface to prevent raising of

dust or other loose particles.

9.5.7 Lot Shape, Frontage and Dwelling Placement In accordance with Regulation 4.9, lots proposed for residential use shall:

a) Generally be of rectangular shape with dwellings facing the street.

Consideration may be given for varied orientation of the dwelling where the

topography and proposed setback are designed to capture views of the

harbour or other scenic feature;

b) Have a permanent and direct access to, and front on a public street;

c) Have the minimum frontage required for the lot at the building line;

d) Meet the requirements for front, side and rear yards;

e) Be of sufficient size and shape to achieve required separation distances for

private wells and septic systems;

CBCL Limited te Development Reguld its 33

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f) Have the dwelling set back and placed on the lot in a manner that does not

affect the privacy of adjoining dwellings by virtue of being placed in front

of, or behind an existing dwelling on an adjoining property, or, where the

lot is part of the subdivision of an existing residential property, in relation

to the dwelling on the original parcel.

9.5.8 East Coast Trail a) Proposals for development within 300meters of the East Coast Trail shall be

referred to the East Coast Trail Association for comment.

b) Residential and Commercial development shall be designed to retain a

natural buffer between the development and the East Coast Trail of a

minimum of 250m, unless, in consultation with the East Coast Trail, it is

determined that, due to topography or the nature of the development, the

buffer can be reduced.

9.5.9 Community Trails/pathways Proposals for development adjacent to community pathways or trails shall be

designed so as to preserve the pathways.

9.5.10 Development Along the Southern Shore Highway Development fronting on the Southern Shore Highway shall be limited to sites that

do not require significant infilling, or excavation to create a suitable building lot.

In reviewing applications for development along the highway, Council will consider

the suitability of the site for development, and whether a safe access to the

highway can be constructed. Access to the highway shall be required from the

Department of Transportation and Works.

Council may require a building to be set back further from the highway than that

prescribed by the Department of Transportation and Works, in order to reduce the

visual impact of a development on the Town and the highway.

9.5.11 Development Along the Harbour Shoreline In considering proposals for development along the shoreline of the harbour,

Council may require a development to be designed to:

a) Ensure continued public access to the shoreline;

b) Be set back from the water's edge a sufficient distance to reduce the risk

of damage from potential flooding, coastal erosion, or storm surges;

c) Take into account predicted sea level rise.

9.5.12 Groundwater Protection Development in areas not serviced by municipal water and sewer system will be

required to assess groundwater quantity and quality in accordance with the

Provincial Department of Environment and Conservation Groundwater Supply

34 Aqualorte Development Regulation CBCL Limited

Assessment and Reporting Guidelines for Subdivisions Serviced by Individual Private

Wells, 2009.

CBCL Limited Amiatorte Development Regulations 35

9.6 Conservation (CON) 9.6.1 Permitted Uses

Conservation (trails)

Parks (nature parks)

Public Utilities

9.6.2 Discretionary Uses None

36 Amiatorte Development Regulation CBCL Limited

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9.7 Protected Water Supply (PWS)

9.7.1 Permitted Uses

Conservation

Public Utilities

9.7.2 Discretionary Uses Forestry (Limited to Martins Pond Watershed)

Recreational Open Space (Limited to Martins Pond Watershed)

9.7.3 Discretionary Uses Discretionary uses in this zone shall be as follows:

a) Davies Pond Watershed -Only uses associated with the operation of the

Municipal Water Supply shall be permitted and in accordance with approval

from the Water Resources Management Division, Department of

Environment and Conservation.

b) Martin's Pond Watershed - Forestry use such as domestic cutting, and

passive recreation uses such as trails may be permitted where the use is

planned in accordance with best management practices that would not

prevent the watershed from being used as a future public water supply.

9.7.4 Prohibited Uses No permanent buildings or structures shall be permitted within this use zone

except those necessary for the operation and maintenance of a municipal public

water supply.

CBCL Limited Aquit Ile Development Rugulatnus 37

9.8 Protected Viewshed (PV) 9.8.1 Permitted Uses

Conservation

Parks and Open Space (limited to trails, nature parks)

Public Utilities

Seasonal Residences (Limited to existing structures)

9.8.2 Discretionary Uses Seasonal Residences

Wharves and Docks

9.8.3 East Coast Trail 1. Proposals for development within 300meters of the East Coast Trail shall be

referred to the East Coast Trail Association for comment.

2. Seasonal residences shall be sited to retain a natural buffer between the

development and the East Coast Trail of a minimum of 250m, unless, in

consultation with the East Coast Trail, it is determined that, due to topography or

the nature of the development, the buffer can be reduced.

9.8.4 Seasonal Residences Seasonal residences may be permitted in the area near the head of Aquaforte

Harbour, between the East Coast Trail and the shoreline and shall meet the

following requirements:

a) Structures shall be small, no greater than 40 square meters in area,

b) Be provided with an adequate access to the site in the form of a wharf or dock;

c) Buildings will be setback from the shoreline a distance that takes into

consideration predicted sea level rise;

d) Buildings are designed to suit the topography and construction shall be

carried out in a manner that retains tree cover except for the immediate

footprint of the structure, minimizing area for any lawn or cleared open

area.

e) The structure is placed no closer than 250m from the East Coast Trail. f) Required approvals for any onsite well or septic system or the construction

of a wharf or dock, has been obtained from the applicable government

department.

9.8.5 Historic Resources Construction involving any ground disturbance may require an archaeological

assessment. Applications will be referred to the Provincial Archaeology Office for

review under the Historic Resources Act.

38 Aqualorte Development Regulation CBCL Limited

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9.9

9.9.1

9.9.2

Rural (RUR)

Permitted Uses Agriculture

Conservation

Forestry

Parks and Open Space

Mineral Exploration

Public Utilities including Telecommunications towers

Discretionary Uses General Industry

1111 Pits and Quarries

Cemetery

9.9.3 Lot Requirements As determined by the

Minimum lot area Authority

30m from the centreline of Building Setback Highway 10

9.9.4 Agriculture Agricultural uses shall be subject to the following conditions:

a) The proposed use is managed in accordance with accepted agricultural best

management practices to control odours, noise, dust, environmental

impacts, and ;

b) The proposed use satisfies the requirements of the Provincial Government,

Departments of Environment and Conservation and Natural Resources,

Agrifoods Branch.

9.9.5 Forestry Forestry and related uses shall be subject to the following conditions:

a) The uses is in an approved wood-cutting area and meets the requirements

of the Department of Natural Resources.

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9.9.6 General Industry General industry uses shall be subject to the following conditions:

a) The use shall have direct access onto to Highway 10;

b) The use shall not involve the manufacture, storage, handling or processing of

a hazardous substance;

c) The development, including any structures, are setback a distance no less

than 60m from Highway 10. The separation buffer shall be retained in its

natural state.

CBCL Limited Aciuif (ii te I)evelopment Regulations 39

d) Council may require a fence be constructed to screen the development

from the highway and surrounding land uses.

e) The development has received all applicable provincial and/or federal approvals.

9.9.7 Open Storage The Authority may permit open storage of materials and goods, provided the

following conditions are met:

a) Open storage shall not occupy more than fifty (50) percent of the site area

and shalt not be located in the front yard or in any required setback or

buffer areas;

b) Open storage shall be enclosed by a wall or fence not less than 2 metres in

height constructed of uniform materials approved by the Authority; and

c) Open storage shall be maintained with a stable surface to prevent raising or

movement of dust, clay, mud, or loose particles.

9.9.8 Pits and Quarries Development of pits and quarries shalt meet the following conditions:

a) The pit or quarry is set back from Highway 10 a minimum distance of 60m

and retains a treed buffer between the pit and the highway.

b) Mineral workings must conform with the minimum distances from other

development as set out below:

Adjacent land use Minimum Buffer

Any other developed area or area likely to be developed during the life of the pit or quarry working 300m

Public street or highway 50m

Waterbody or watercourse 30m

c) Explosive blasting related to aggregate extraction activities shall not be

permitted within 1,000 metres of an area in which residential development

is permitted.

d) No mineral working shall be carried out in a manner so as to cause erosion

of adjacent land.

e) The mineral working shall be kept clean or refuse, abandoned equipment

and any derelict buildings.

f) During extended periods of shutdown, access roads to a mineral working

shall be ditched or barred to the satisfaction of Council.

g) A pit or quarry shall operate in accordance with a Quarry permit or lease

issued under the Quarry Materials Act, 1998, and rehabilitation following

closure, shall also be in accordance with the terms and conditions of the

Quarry Permit or Lease.

40 Aquaforte Development Regulation CBCL Limited

APPENDIX A

Land Use Zoning Map

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CBCL Limited Aquatorte Development RegoLitton

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• APPENDIX B

Provincial Development Regulations

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CBCL Limited

Actual rte Development Regulation

This is an official version.

Copyright 2006: Queen's Printer,

St. John's, Newfoundland and Labrador, Canada

Important Information

(Includes details about the availability of printed and electronic versions of the Statutes.)

1 able of Reutilittions Alain Site lion current is this regulation?

NEWFOUNDLAND AND LABRADOR

REGULATION 3/01

Del.clopment Regulations under the

Urban and Rural Planning Act. 2000

(Filed January 2, 2001 )

Under the authority of section 36 of the Urban and Rural Planning Act , 2000, 1 make the following regulations.

Dated at St. John's January 2, 2001 .

Joan Marie Aylward Minister of Municipal and Provincial Affairs

REGULATIONS

Analysis

sr, I t

nay t

Short title

1. These regulations may be cited as the Development Regulations.

Definitions

2. In these regulations,

(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,

2000;

(b) "applicant" means a person who has applied to an authority for an approval or permit to

carry out a development;

(c) "authority" means a council, authorized administrator or regional authority; and

(d) "development regulations" means these regulations and regulations and by-laws respecting

development that have been enacted by the relevant authority.

Application

3. (1) These regulations shall be included in the development regulations of an authority and shall

apply to all planning areas.

(2) Where there is a conflict between these regulations and development regulations or other

regulations of an authority, these regulations shall apply.

(3) Where another Act of the province provides a right of appeal to the board, these regulations

shall apply to that appeal.

Interpretation

4. (1) In development regulations and other regulations made with respect to a planning area the

following terms shall have the meanings indicated in this section

(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals in

order to go from a street to adjacent or nearby land or to go from that land to the street;

(b) "accessory building" includes

(i) a detached subordinate building not used as a dwelling, located on the same lot as the

main building to which it is an accessory and which has a use that is customarily

incidental or complementary to the main use of the building or land,

(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic

pets or radio and television antennae,

•

(iii) for commercial uses, workshops or garages, and

(iv) for industrial uses, garages, offices, raised ramps and docks;

(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and that is

customarily expected to occur with the permitted or discretionary use;

(d) "building height" means the vertical distance, measured in metres from the established

grade to the

(i) highest point of the roof surface of a flat roof,

(ii) deck line of a mansard roof, and

(iii) mean height level between the cave and the ridge of a gable, hip or gambrel roof,

and in any case, a building height shall not include mechanical structure, smokestacks,

steeples and purely ornamental structures above a roof;

(e) "building line" means a line established by an authority that runs parallel to a street line and

is set at the closest point to a street that a building may be placed;

(f) "discretionary use" means a use that is listed within the discretionary use classes

established in the use zone tables of an authority's development regulations;

(g) "established grade" means,

(i) where used in reference to a building, the average elevation of the finished surface of

the ground where it meets the exterior or the front of that building exclusive of any

artificial embankment or entrenchment, or

(ii) where used in reference to a structure that is not a building, the average elevation of

the finished grade of the ground immediately surrounding the structure, exclusive of

any artificial embankment or entrenchment;

(h) "floor area" means the total area of all floors in a building measured to the outside face of

exterior walls;

(i) "frontage" means the horizontal distance between side lot lines measured at the building

line;

(j) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a

particular use or building;

(k) "lot area" means the total horizontal area within the lines of the lot;

(I) "lot coverage" means the combined area of all building on a lot measured at the level of the

lowest floor above the established grade and expressed as a percentage of the total area of

the lot;

(m) "non-conforming use" means a legally existing use that is not .listed as a permitted or

discretionary use for the use zone in which it is located or which does not meet the

development standards for that use zone;

(n) "owner" means a person or an organization of persons owning or having the legal right to

use the land under consideration;

(o) "permitted use" means a use that is listed within the permitted use classes set out in the use

zone tables of an authority's development regulations;

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(p) "prohibited use" means a use that is not listed in a use zone within the permitted use

classes or discretionary use classes or a use that an authority specifies as not permitted

within a use zone;

(q) "sign" means a word, letter, model, placard, board, device or representation, whether

illuminated or not, in the nature of or employed wholly or in part for the purpose of

advertisement, announcement or direction and excludes those things employed wholly as a

memorial, advertisements of local government, utilities and boarding or similar structures

used for the display of advertisements;

(r) "rear yard depth" means the distance between the rear lot line and the rear wall of the main

building on a lot;

(s) "side yard depth" means the distance between the side lot line and the nearest side wall of a

building on the lot;

(t) "street" means a street, road, highway or other way designed for the passage of vehicles

and pedestrians and which is accessible by fire department and other emergency vehicles;

(u) "street line" means the edge of a street reservation as defined by the authority having

jurisdiction;

(v) "use" means a building or activity situated on a lot or a development permitted on a lot;

(w) "use zone" or "zone" means an area of land including buildings and water designated on

the zoning map to which the uses, standards and conditions of a particular use zone table

apply;

(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,

setback, size, height. frontage or any other numeric requirement of the applicable Use Zone

Table of the authority's regulations; and

(y) "zoning map" means the map or maps attached to and forming a part of the authority's

regulations.

(2) An authority may. in its discretion, determine the uses that may or may not be developed in

a use zone and those uses shall be listed in the authority's regulations as discretionary, permitted or

prohibited uses for that area.

Notice of right to appeal

5. Where an authority makes a decision that may be appealed under section 42 of the Act, that

authority shall, in writing, at the time of making that decision, notify the person to whom the decision

applies of the

(a) person's right to appeal the decision to the board;

(b) time by which an appeal is to be made;

(c) right of other interested persons to appeal the decision; and

(d) manner of making an appeal and the address for the filing of the appeal.

Appeal requirements

6. (1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main

Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., ALB 4J6 is the

secretary to all boards in the province and an appeal filed with that secretary within the time period

referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate board.

(2) Notwithstanding subsection (1), where the City of Corner Brook , City of Mount Pearl or

City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed

with the secretary of that appointed board.

(3) The fee required under section 44 of the Act shall be paid to the board that hears the

decision being appealed by filing it with the secretary referred to in subsection (I) or (2) within the 14

days referred to in subsection 42(4) of the Act.

(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the Act, retain the fee paid to the board.

(5) Where an appeal of a decision and the required fee is not received by a board in accordance

with this section and Part VI of the Act, the tight to appeal that decision shall be considered to have been forfeited.

Appeal registration

7. (I) Upon receipt of an appeal and fee as required under the Act and these regulations, the

secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the appeal.

(2) Where an appeal has been registered the secretary of the board shall notify the appropriate

authority of the appeal and shall provide to the authority a copy of the appeal and the documentation related to the appeal.

(3) Where an authority has been notified of an appeal that authority shall forward to the

appropriate board a copy of the application being appealed, all correspondence, council minutes, plans

and other relevant information relating to the appeal including the names and addresses of the applicant

and other interested persons of whom the authority has knowledge.

(4) Upon receipt of the information under subsection (3), the secretary of the board shall

publish in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has

been registered.

(5) A notice published under subsection (4) shall be published not fewer than 2 weeks before

the date upon which the appeal is to be heard by the board.

Development prohibited

8. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall

ensure that any development upon the property that is the subject of the appeal ceases.

(2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1).

(3) Upon receipt of a notification of the registration of an appeal with respect to an order under

section 102 of the Act, an authority shall not carry out work related to the matter being appealed.

Hearing notice and meetings

9. (1) A board shall notify the appellant, applicant, authority and other persons affected by the

subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date

scheduled for the hearing of the appeal.

(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.

Hearing of evidence

10. (I) A board shall meet at a place within the area under its jurisdiction and the appellant and other persons notified under subsection 9(I) or their representative may appear before the board and

make representations with respect to the matter being appealed.

(2) A board shall hear an appeal in accordance with section 43 of the Act and these

regulations.

(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of a property shall be considered to have been provided in the same manner as evidence

directly provided at the hearing of the board.

(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.

I I

Board decision

11. A decision of the board must comply with the plan, scheme or development regulations that

apply to the matter that has been appealed to that board.

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Variances

12. (I) Where an approval or permit cannot be given by an authority because a proposed development does not comply with development standards set out in development regulations, an authority may, in its discretion, vary the applicable development standards to a maximum of 10% if. in the authority's opinion, compliance with the development standards would prejudice the proper development of the land, building or structure in question or would be contrary to public interest.

(2) An authority shall not allow a variance from development standards set out in development regulations if that variance, when considered together with other variances made or to be made with respect to the same land, building or structure, would have a cumulative effect that is greater than a 10% variance even though the individual variances are separately no more than 10%.

(3) An authority shall not permit a variance from development standards where the proposed

development would increase the non conformity of an existing development.

Notice of variance

13. Where an authority is to consider a proposed variance, that authority shall give written notice of the proposed variance from development standards to all persons whose land is in the immediate

vicinity of the land that is the subject of the variance.

Residential non conformity

14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development regulations applicable to that building or structure.

Notice and hearings on change of use

15. Where considering a non conforming building, structure or development under paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming building, structure or development, an authority, at the applicant's expense, shall publish a notice in a newspaper circulating in the area or by other means give public notice of an application to vary the existing use of a non-conforming building, structure or development and shall consider any representations or submissions received in response to that advertisement.

Non-conformance with standards

16. Where a building, structure or development does not meet the development standards included in development regulations, the building, structure or development shall not be expanded if the expansion would increase the non-conformity and an expansion must comply with the development standards applicable to that building, structure or development.

Discontinuance of non-conforming use

17. An authority may make development regulations providing for a greater period of time than is provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-conforming use may resume operation.

Delegation of powers

18. An authority shall, where designating employees to whom a power is to be delegated under subsection 109(3) of the Act, make that designation in writing.

IA I

Commencement

19. These regulations shall be considered to have come into force on January 1, 2001 .

©Earl G. Tucker, Queen's Printer

APPENDIX C

Classification of Buildings and Uses

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CBCL Limited

Ayuaforte k CIOIMIC t R egll la t ia 11

Appendix C - Classifications of Buildings and Uses

This Schedule is intended to assist in the interpretation of the types of uses within the use classes listed in the Use Zone Tables in Section 9 of these regulations.

1. Residential Uses

Division

Use Class Examples

1. Residential Dwelling Uses Double Dwelling • Duplex Dwellings

• Semi-detached Dwelling

Row Dwelling • Row Houses

Apartment Building • Apartment Building • Residential Complexes (4 or more

units)

2. General Residential Uses Boarding House Residential

• Bed Et Breakfast Establishment

• Boarding Houses

Tourism Accommodation • Hotels

• Motels

• Inns

2. Assembly Uses

Division Use Class Examples

1. Assembly Uses for the Theatre • Movie Theatres

production Et viewing of the • Theatres

performing arts.

2. General Assembly Uses Cultural Et Civic • Art Galleries • Town Administrative Offices

• Court Rooms • Libraries • Museums

• Arts and Culture Centres

• Interpretive Centres

General Assembly • Auditoria • Bowling Alleys

• Community Halls • Dance Halls

• Exhibition Halls • Fitness Clubs

• Gymnasia

• Lodge Halls and Private Clubs

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.0 Educational • Colleges (non- residential)

• Private Schools

• Public Schools ,0 Place of Worship • Church Halls

• Churches Et similar places of worship

Passenger Assembly • Passenger Stations & Depots ..

• Recreational Piers/Docks

Catering • Bars

• Lounges a • Restaurants

• Nightclubs

Funeral Home • Crematoria

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• Funeral Homes Ft Chapels

Child Care • Day Care Centres

• Home Child Care Services

• Nursery Schools

• Early Childhood Education Services

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Amusement

• Electronic Games Arcades

• Pinball Parlours

• Poolrooms

8 D 3. Arena-type Uses Indoor Assembly • Arenas

• Armouries

• Ice Rinks a I I • Indoor Swimming Pools

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4. Open-air Assembly Uses Outdoor Assembly • Amusement Parks Et Fair-grounds

• Bleachers • Drive-in Theatres

• Exhibition Grounds

• Grandstands

• Outdoor Ice Rinks Et Swimming Pools

• Outdoor Stadiums

• Outdoor Concert Venues a

3. Business and Personal Services Uses

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Division

Use Class Examples

1. Business, Professional, Et Office • Banks

Personal Service Uses • Business Et Government Office

Medical Et Professional • Clinic • Dental Offices Et Surgeries

• Law Offices • Medical Offices ft Consulting Rooms

• Professional Offices

Personal Service • Barbers

• Beauty Parlours

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Use Class Examples Division

• Prisons

• Police Stations (with detention

quarters) • Psychiatric Hospitals (with detention

quarters) • Youth Correctional Facilities

1. Penal & Correctional Penal Et Correctional Institutional Uses Detention

Use Class Examples Division

• Shopping Centres • Strip Malls

1. Retail Sale Et Display Uses Shopping Centre

Shop • Automobile Dealerships

• Used Car Lots

• Department Stores • Retail Shops

• Showrooms • Supermarkets

2. Special Care Institutional Medical Treatment Et Special • Personal Care Homes

Uses Care • Nursing Homes

• Treatment Centres

• Medical Clinics

5. Retail Uses

Division Use Class Examples _

• Domestic Et Household Arts

• Hairdressers • Tanning Salons

• Pet Grooming

• Nail Salons

General Service • Car Washes

• Dry Cleaners (not using flammable or

explosive substances)

• Laundromats • Small Tool Ft Appliance Service ft

Rentals

Communications • Radio Stations

• Telephone Exchanges

Police Station • Police Stations without detention

quarters

Taxi Stands • Taxi Stands

Take-out Food Service • Take-out Restaurants - • Food Stands

4. Insititutional Uses -

. Division Use Class

Indoor Market

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Examples

• Auction Halls

• Exhibition Halls

• Indoor Famers Markets

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Outdoor Market

Convenience Store

6. Industrial Uses

Animal Markets

Fish Stalls

Market Grounds

Produce Et Fruit Stands

• Outdoor Farmers Markets

• Flea Markets

• Confectionary Stores

• Corner Stores Gift Shops

Specialty Shops Video Stores

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Division Use Class Examples

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• Bulk Plants for Flammable Liquids

• Bulk Storage Warehouses for Hazardous Substances

• Chemical Manufacturing or Processing

Plants • Distilleries

• Dry-cleaning Plants

• Feed Mills

• Lacquer, Mattress, Paint, Varnish, Et

Rubber

• Factories

• Spray Painting Operations

• Wastepaper Processing Plants

• Aggregate-Related Industries

• Aircraft Hangars

• Bulk Storage Facility

• Cold Storage Plants

• Contractors' Yards

• Concrete Plants • Factories • Fish Processing Plants

• Freight Depots

• General Garages • Laboratories

• Laundries • Planing Mills

1. Industrial uses involving

Hazardous Industry

highly combustible Ft hazardous substances a

processes.

2. General Industrial Uses

General Industry

involving Limited Hazardous

Substances Ft Processes.

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Division Use Class Examples _

• Printing Plants • Sawmill

• Warehouses

• Workshops

Service Station • Gas Bars

• Gasoline Service Stations

3. Light, Non- hazardous or

Non-intrusive Industrial

uses

Light Industry • Custom Workshops

• Indoor Storage

• Light Industry • Parking Garages

• Recycling Depot

• Warehouses Et Distribution Centres • Wholesale Rooms

• Workshops

7. Non-Building Uses

Division

Use Class Examples

1. Uses not directly related Agriculture • Commercial Farms to building • Hobby Farms

• Market Gardens a Nurseries

Forestry • Silviculture

• Sawmills

• Tree Nurseries

Mineral Working • Mineral Exploration including trenching, diamond drilling and line

cutting.

• Mines

• Oil Wells • Pits

• Quarries

Recreational Open Space

• Campgrounds • Golf Courses • Hiking Trails

• Parks

• Playing Fields • Playgrounds

• Sports Grounds

• Tourist Trailer Parks

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Division Use Class Examples

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Conservation • Architectural Historical Sites

• Buffer Strips

• Trails and Boardwalks

• Scenic Lookout Sites

• Watersheds

• Wildlife Sanctuaries

Cemetery • Cemeteries

Scrap Yard

• Car Wrecking Yards

• Junk Yards IN

• Salvage Yard

• Scrap Dealers

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Solid Waste • Incinerators

• Recycling Plants

• Sanitary Land Fill .. • Solid Waste Disposal

Animal • Animal Pounds

.. • Kennels

• Zoos

• Pet Sitting Services

.. Antenna • Cellular Communications Towers

• Satellite Dish Antenna

• Television, Radio Et Communications

• Transmitting and Receiving Masts &

Antennae

Transportation • Airfields a • Boathouses

• Docks and Harbours

• Wharves and Marinas I

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